LAWS(CAL)-2017-12-23

BABLU @ KATIRAM BISWAS Vs. STATE OF WEST BENGAL

Decided On December 01, 2017
Bablu @ Katiram Biswas Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 27th June, 2007 passed by the learned Additional Sessions Judge, Fast Track Court-II, Ranaghat, Nadia in Sessions Case No. 19 of April, 2004 [Sessions Trial No. 38 of June, 2004] convicting the appellant for commission of offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.2,000/-, in default, to suffer further rigorous imprisonment for six months.

(2.) The prosecution case as alleged against the appellant is to the effect that on 7th January, 2004 at about 2:30 P.M. he entered the house of the victim, who is a minor girl aged about 12 years, and committed rape upon her. At that time the grandfather of the girl had gone to the field while her grandmother had gone to the nearby tank for a bath. On hearing her cries local people assembled at the spot but the appellant fled away. The victim was treated first at Bogula P.H.C. and thereafter, at Ranaghat S.D. Hospital. On the complaint of Ranu Bala Mondal (PW3), the grandmother of the victim, criminal case was registered. Charges were framed under Section 376 IPC. In conclusion of trial, the appellant was convicted.

(3.) Mr. Prabir Mazumder, learned Advocate appearing for the appellant, submitted that he has already served out the sentence. He further submitted that the prosecution evidences are unreliable and conviction is liable to be set aside.